Last year I was in a car accident. The vehicle hit me after I made a CLEAR left turn into a parking lot. The oncoming vehicle was speeding down the hill, when I turned it was clear minus the stopped traffic (red light, left turning lane opposite of me) and my vehicle was almost in the drive way when I was struck. The police report shows fault on both parties yet the other party is seeking compensation and threatening to suspend my license. It seems like no attorney wants to take this case for me. What can I do? I do not need the inconvenience of paying and DL suspension. Neither of us were given a ticket or warning.
The other party cannot suspend your license but they can sue for monetary damages. If that happens, turn the matter over to your insurance company immediately.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Assessing liability in general would take much more information than is posted on this question (there are so many factors involved such as speed, exact points of impact, whether there were any independent witnesses, what ALL parties are testifying to, etc.). Liability can never really be determined based on only one party’s version of what occurred. The other party or parties may have a completely different version of the accident from yours, which will complicate the liability decision without any independent witnesses in your favor.
If the other insurance company is not accepting liability, you should use your own collision coverage and let your own insurance carrier fight it out with the other person’s carrier. Even if the police came to the scene, investigated and cited either driver, a citation is not actually proof of liability ultimately, anyway, as that would be assessed in a civil trial, not a traffic court trial (you or the other driver could be found guilty of the traffic violation and then be assessed with no liability in a civil trial).
I suspect the reason you cannot find an attorney to represent you is that you were not injured and most attorneys will not handle property-damage only cases. However, having said all that, if you were injured in the accident, I would continue to attempt to contact an experienced personal injury attorney in your area as soon as possible before talking to the insurance companies. You can use the "Find a Lawyer" link at the top of this page for the names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline